SHARING INFORMATION WITH STATES THAT TORTURE
authorities for the interrogation of a related individual, which served
to reinforce Arar as a suspect in the eyes of Syrian authorities.
In the case of Mahar Arar, it is clear that the information shared by
the Canadians with the US, in which Arar and his wife were labelled
as extremist Islamists with links to Al-Qaeda, led directly to the
unlawful detention and torture of Arar in Syria. The resulting flawed
intelligence from interrogations with Arar flowed back to Canada,
strengthening their conviction that he was the terrorist they sought.
The questions sent from Canada led the Syrian Military Intelligence to
believe a link between Arar and another suspect, Abdullah Almalki,
and the self-fulfilling process of interrogation, newly intensified,
began again.
At their review by the Committee against Torture, the Canadians
asserted that 22 of 23 recommendations made in the Arar Commission
report had been implemented, including the introduction of a
number of additional safeguards. However, one of the most urgent,
an oversight body to monitor the work of the security services,
has not been set up, hence making it impossible to say whether
safeguards are being applied in practice.
From these examples, we can identify two broad groups of cases.
Some cases demonstrate examples of torture and other forms
of ill-treatment carried out as a result information shared with
foreign executive agencies (outgoing information). The victims
of such treatment are detained and or interrogated on the basis
of the information shared with the foreign agencies, and we must
consider whether and to what extent sharing information with the
foreign agency caused any resulting abuses. Other examples reveal
examples of torture carried out to obtain information (which may
or may not be with the complicity of domestic agencies), which is
then shared with domestic agencies (inbound information). In these
cases, we must ask whether reliance on such tainted information can
serve to encourage further abuse.
It is important to remember that the issues highlighted above are
not limited to intelligence sharing across borders. Similar issues
may present themselves when agencies share information within
just one State. Frequently, information received from a foreign
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